Accessory Structure Requirements
ACCESSORY STRUCTURES REGULATION
Chapter 35
Updated: August 2007
35-1. Non-residential and Multi-family Residential Uses. With the exception of swimming pools and spas, each building and structure used for or accessory to non-residential or multi-family residential purposes shall be considered a principle building as defined in Section 42-24. The regulations detailed in 35-3 of this section shall govern the location of swimming pools and spas accessory to non-residential and multi- family residential uses. (Ord. 91-500-A-128)
35-2. Single-family and two-family Residential Uses. Buildings and structures accessory to single-family and two-family residential uses shall have no sleeping areas, bathroom plumbing (except for hand sinks) or kitchen facilities, shall not be used for commercial purposes, shall not be rented and shall not be occupied. Accessory buildings and/or structures shall not be located in a required front yard. With the exception of swimming pools and spas, the regulations detailed in paragraphs A and B below, shall govern buildings and structures accessory to single- family and two-family residential uses, including both those attached to and those detached from the main building. Where multiple accessory structures exist on the same site, the combined sum of all accessory structures shall be used to determine the regulations applicable to size. The regulations detailed in 35-3 of this section shall govern the location of swimming pools and spas accessory to single family and two-family residential uses. (Ord. 91-500-A-128)
A. Accessory buildings that are less than 150 square feet in area shall observe the following regulations:
1. Maximum height: 10 feet
2. Minimum setbacks:
(a). Rear
i. Three feet when the rear property line is adjacent to an alley and the roof overhang into the setback is no greater than 18 inches.
Exception: When the accessory building is a garage or carport, the rear setback shall be no less than 20 feet
ii The same as the required front yard setback when the rear property line is adjacent to a street.
iii. Ten feet when the rear property line is not adjacent to an alley or street. (Ord. 91-500-A-128)
(b). Side
i. Three feet when the accessory building is located at least 5 feet behind the main building and the roof overhang into the setback is no greater than 18 inches. When the accessory building is not located at least 5 feet behind the main building, the minimum side yard setback for the accessory building will be the same as the minimum side yard setback required for the main building.
Exception: When the accessory building is a garage or carport with side alley access, the side yard setback on that side shall be no less than 20 feet. (Ord. 91-500-A-128)
ii. Fifteen feet from a side property line that is adjacent to a side street. (Ord. 91-500-A-128)
iii. Ten feet from the main structure on an adjacent property. (Ord. 91-500-A-128)
3. Materials--Exterior grade wood siding is permitted on accessory buildings that are less than 150 square feet in area provided that the wood is painted with a color that closely resembles the color of the main structure. One metal accessory building, or one accessory building with a metal roof, is permitted on any one building lot, provided it is less than 150 square feet in area. (Ord. 91-500-A-128)
B. Accessory buildings that are 150 square feet in area, or more, shall observe the following regulations
1. Maximum height: 12 feet.
2. Minimum setbacks:
(a). Rear
i. Ten feet.
Exception: When the accessory building is a garage or carport with rear alley access, the rear setback shall be no less than 20 feet.
ii. The same as the required front yard setback when the rear property line is adjacent to a street. (Ord. 91-500-A-128)
(b). Side
i. The same as the minimum setback required for the main structure.
Exception: When the accessory building is a garage or carport with side alley access, the side setback on that side shall be no less than 20 feet. (Ord. 91-500-A-128)
ii. Fifteen feet from a side property line that is adjacent to a side street. (Ord. 91-500-A-128)
iii. Ten feet from the main structure on an adjacent property. (Ord. 91-500-A-128)
3. Materials--80 percent of the exterior walls must be masonry that closely resembles the masonry used in the main building. For accessory structures 300 sq. ft. in area or less, posts spaced at least 6 feet apart and banisters and railings less than 3 feet in height shall not be considered exterior walls and shall not be subject to masonry requirements. (Ord. 91-500-A-128)
35-3. In-ground and above-ground Swimming Pools and Spas
A. Maximum height: 4 feet
B. Minimum setbacks:
1. Rear
(a). Five feet from the rear property line to the outside of the pool liner, except when the rear property line is adjacent to a street. (Ord. 91-500-A-128)
(b). The same as the required front yard setback when the rear property line is adjacent to a street. (Ord. 91-500-A-128)
2. Side
Five feet from the side property line to the outside of the pool liner. (Ord. 91-500-A-128)
C. Distance from the main structure: No less than 5 feet from the main structure to the outside of the pool liner. (Ord. 91-500-A-128)
D. Distance from 100-year flood plain: When land has been reclaimed from the 100-year flood by means of fill dirt retained by a retaining wall or by the headwall or bulkhead of a lake or pond, no swimming pool or spa shall be constructed within 10 feet of such retaining wall, headwall, or bulkhead, as measured from the outside of the pool liner. (Ord. 91-500-A-128)
E. Distance between single family/two-family residential uses and non-residential/multi-family residential swimming pools/spas: When property occupied by non-residential and/or multi-family residential uses abuts a single-family and/or two-family zoning district, swimming pools and spas accessory to non-residential and multi-family residential uses shall be located no closer than 50 feet to the single-family or two-family zoning district, as measured from the outside of the pool liner. (Ord. 91-500-A-128)